Supreme Court of India

State of Maharashtra v Mohd Yakub

(1980) 2 SCR 1158; 1980 INSC 4019801 min read
The case in brief30-second read
Facts
At night the accused drove a truck carrying 43 silver ingots to a lonely creek near the sea, unloaded them near the shore, and the sound of a mechanised sea-craft was heard; customs officers intercepted them.
Issue
Whether their acts were preparation or an attempt to export silver illegally.
Held
Their acts had gone beyond preparation and were reasonably proximate to the unlawful export, so they amounted to an attempt. The acquittal was reversed and they were convicted under S.135(a) of the Customs Act read with S.5 of the Imports and Exports (Control) Act.
Principle
An act is an attempt when it is done with intent, beyond preparation, and in close proximity to the completed offence; the last act need not have been done.
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Facts

  • At night the accused drove a truck carrying 43 silver ingots to a lonely creek near the sea, unloaded them near the shore, and the sound of a mechanised sea-craft was heard; customs officers intercepted them.

Issue

  1. Whether their acts were preparation or an attempt to export silver illegally.

Held

  • Their acts had gone beyond preparation and were reasonably proximate to the unlawful export, so they amounted to an attempt. The acquittal was reversed and they were convicted under S.135(a) of the Customs Act read with S.5 of the Imports and Exports (Control) Act.

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Citation

State of Maharashtra v Mohd Yakub (1980) 2 SCR 1158; 1980 INSC 40

Reported: https://indiankanoon.org/doc/1809118/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.